HMV INDY I, LLC v. HSB SPECIALTY INSURANCE COMPANY
| HMV Indy I, LLC |
| HSB Specialty Insurance Company |
| 1:2019cv01148 |
| March 21, 2019 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Jane Magnus-Stinson |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 13, 2021. A more recent docket listing may be available from PACER.
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Filing 34
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Discovery due by 2/21/2020. Dispositive Motions due by 4/24/2020. TELEPHONIC Status Conference set for 11/7/2019 at 10:00 AM before Magistrate Judge Tim A. Baker. The Court declines to consolidate this matter with 19-1436 for discovery purposes at this time. However, the Court encourages the parties to cooperate in these two cases in scheduling and taking depositions so that the depositions can be used in both cases as needed. As for summary judgment motions a briefing schedule is established (See Order). Signed by Magistrate Judge Tim A. Baker on 7/8/2019.(CBU)
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| Filing 33 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff HMV INDY I, LLC and Defendant HSB Specialty Insurance Company. (Grote, Christopher) |
| Filing 31 REPLY in Support of Motion re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant HSB SPECIALTY INSURANCE COMPANY. (Reed, Laura) |
| Filing 30 MOTION Requesting Oral Argument, filed by Plaintiff HMV INDY I, LLC. (Grote, Christopher) |
| Filing 29 RESPONSE in Opposition re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff HMV INDY I, LLC. (Grote, Christopher) |
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Filing 28
SCHEDULING ORDER: Initial Pretrial Conference set for 6/19/2019 10:30 AM (Eastern Time) in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The parties themselves may participate at their option. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 5/22/2019.(SWM)
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| Filing 27 BRIEF/MEMORANDUM in Support re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant HSB SPECIALTY INSURANCE COMPANY. (Reed, Laura) |
| Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant HSB SPECIALTY INSURANCE COMPANY. (Reed, Laura) |
| Filing 25 ANSWER to #18 Amended Complaint and Affirmative Defenses, filed by HSB SPECIALTY INSURANCE COMPANY.(Reed, Laura) |
| Filing 24 RETURN of Service - Defendant HSB Specialty Insurance Company served by personal service on 04/18/2019. Filed by Plaintiff HMV INDY I, LLC (Attachments: #1 Exhibit 1: Affidavit of Service) (Jorczak, Robert) Modified on 4/24/2019 (JDH). |
| Filing 23 NOTICE of Appearance by Edward W. Gleason on behalf of Defendant HSB SPECIALTY INSURANCE COMPANY. (Gleason, Edward) |
| Filing 22 Corporate Disclosure Statement by HSB SPECIALTY INSURANCE COMPANY identifying Corporate Parent Muenchner Rueckversicherungs (Munich Re) for HSB SPECIALTY INSURANCE COMPANY.. (Reed, Laura) |
| Filing 21 NOTICE of Parties' First Extension of Time, filed by Defendant HSB SPECIALTY INSURANCE COMPANY. (Reed, Laura) |
| Filing 20 NOTICE of Appearance by Laura Sue Reed on behalf of Defendant HSB SPECIALTY INSURANCE COMPANY. (Reed, Laura) |
| Filing 19 RETURN of Service - Defendant HSB Specialty Insurance Company served by personal service on 3/22/2019. Filed by HMV INDY I, LLC. (Attachments: #1 Exhibit 1-Affidavit of Service) (Jorczak, Robert) Modified on 4/17/2019 (JDH). |
| Filing 18 AMENDED COMPLAINT against HSB SPECIALTY INSURANCE COMPANY, filed by HMV INDY I, LLC. (Attachments: #1 Exhibit 1 - Policy, #2 Exhibit 2 - Letter)(Huber, Brent) |
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Filing 17
ORDER granting #11 Motion to Appear pro hac vice. Attorney Kathryn E. Wendt for HMV INDY I, LLC added. Counsel shall register for electronic filing, as required by Local Rule 5-2(a), within 7 days. Copy to Kathryn E. Wendt via US Mail. Signed by Magistrate Judge Tim A. Baker on 4/3/2019. (SWM)
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Filing 16
ORDER granting #10 Motion to Appear pro hac vice. Attorney Christopher R. Grote for HMV INDY I, LLC added. Counsel shall register for electronic filing, as required by Local Rule 5-2(a), within 7 days. Copy to Christopher R. Grote via US Mail. Signed by Magistrate Judge Tim A. Baker on 4/3/2019. (SWM)
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| Filing 15 Submission of Proposed Order , re #11 MOTION for Attorney(s) Kathryn E. Wendt to Appear pro hac vice (Filing fee $100, receipt number 0756-5356158), filed by Plaintiff HMV INDY I, LLC. (Huber, Brent) |
| Filing 14 Submission of Proposed Order , re #10 MOTION for Attorney(s) Christopher R. Grote to Appear pro hac vice (Filing fee $100, receipt number 0756-5355988), filed by Plaintiff HMV INDY I, LLC. (Huber, Brent) |
| Filing 13 Submission of Proposed Order , re #11 MOTION for Attorney(s) Kathryn E. Wendt to Appear pro hac vice (Filing fee $100, receipt number 0756-5356158), filed by Plaintiff HMV INDY I, LLC. (Huber, Brent) |
| Filing 12 Submission of Proposed Order , re #10 MOTION for Attorney(s) Christopher R. Grote to Appear pro hac vice (Filing fee $100, receipt number 0756-5355988), filed by Plaintiff HMV INDY I, LLC. (Huber, Brent) |
| Filing 11 MOTION for Attorney(s) Kathryn E. Wendt to Appear pro hac vice (Filing fee $100, receipt number 0756-5356158), filed by Plaintiff HMV INDY I, LLC. (Attachments: #1 Exhibit A- Certification of Kathryn E. Wendt in Support of Motion to Appear Pro Hac Vice)(Huber, Brent) |
| Filing 10 MOTION for Attorney(s) Christopher R. Grote to Appear pro hac vice (Filing fee $100, receipt number 0756-5355988), filed by Plaintiff HMV INDY I, LLC. (Attachments: #1 Exhibit A- Certification of Christopher Grote in Support of Motion to Appear Pro Hac Vice)(Huber, Brent) |
| Filing 9 REPORT by HMV INDY I, LLC. (Huber, Brent) |
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Filing 8
ORDER - The Court ORDERS HMV to either: (1) if HSB is not a mutual insurance company, file a report by April 1, 2019 stating so; or (2) if HSB is a mutual insurance company, file an Amended Complaint by April 1, 2019 which properly sets forth HSB's citizenship in light of its status as a mutual insurance company. Defendant need not answer or otherwise respond to the Complaint until HMV either files the report or an Amended Complaint. Defendant is cautioned, however, that when it does file its Answer, and to the extent that it denies any of Plaintiff's jurisdictional allegations or states that it does not have sufficient information to respond to those allegations, the Court will require the parties to conduct whatever investigation is necessary and file a joint jurisdictional statement confirming that all parties are in agreement with the underlying jurisdictional allegations before the litigation moves forward. (See Order). Signed by Judge Jane Magnus-Stinson on 3/25/2019.(JDH)
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| Filing 7 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (JDH) |
| Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) |
| Filing 5 Summons Issued as to HSB SPECIALTY INSURANCE COMPANY. (HET) |
| Filing 4 NOTICE of Appearance by Robert Jorczak on behalf of Plaintiff HMV Indy I, LLC. (Jorczak, Robert) |
| Filing 3 Corporate Disclosure Statement by HMV Indy I, LLC identifying Corporate Parent CWP USA, Inc. for HMV Indy I, LLC.. (Huber, Brent) |
| Filing 2 NOTICE of Appearance by Brent W. Huber on behalf of Plaintiff HMV Indy I, LLC. (Huber, Brent) |
| Filing 1 COMPLAINT against HSB Specialty Insurance Company, filed by HMV Indy I, LLC. (Filing fee $400, receipt number 0756-5346750) (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet, #3 Proposed Summons)(Huber, Brent) |
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